A federal appeals court this week reinstated the conviction for desertion and misbehavior of former Army Sgt. Bowe Bergdahl, who left his base in Afghanistan in 2009 and was captured by the Taliban.
The decision by a three-judge panel of the U.S. Court of Appeals for the District of Columbia overturned a ruling three years ago by U.S. District Judge Reggie Walton. He vacated the conviction after determining that the military judge in the case had a potential conflict of interest.
The appeals panel said Judge Walton lacked the jurisdiction to strike down a military court-martial judgment.
“The authority to vacate a court-martial judgment belongs to tribunals exercising direct appellate review, not district courts conducting collateral review,” according to the panel.
The decision effectively reinstates Bergdahl’s punishment from his 2017 court-martial, including his dishonorable discharge.
Bergdahl’s lawyer, Eugene R. Fidell, told The New York Times that they were disappointed by the ruling.
“This entire controversy has lasted a very long time,” Mr. Fidell said. “But it continues to be an important case, not only for Sgt. Bergdahl, but for the integrity of the military justice system.”
In 2009, Bergdahl was a 23-year-old soldier in the 25th Infantry Division when his unit deployed to Afghanistan. The Idaho resident left his post in the Paktika province without permission to hike to headquarters to complain about what he viewed as poor unit leadership.
“During the journey, he was captured by the Taliban-allied Haqqani network and held hostage for five years,” according to the ruling.
President Barack Obama secured Bergdahl’s release in 2014 in exchange for five Taliban detainees who were being held at the U.S. military prison at Naval Station Guantanamo Bay in Cuba.
The exchange was the subject of widespread political debate. Donald Trump denounced the deal immediately, saying Mr. Obama created a “very bad precedent.”
Tuesday’s appeals court ruling stated, “Military authorities preferred court-martial charges against Bergdahl for desertion with intent to shirk hazardous duty and misbehavior before the enemy in violation of the Uniform Code of Military Justice.”
Bergdahl, now 40, pleaded guilty in 2017 to desertion and endangering the lives of the American troops who were searching for him after his capture.
The military judge in the court-martial rejected a 14-year prison sentence that military prosecutors were seeking, but ordered that Bergdahl be dishonorably discharged, reduced in rank to private and ordered to forfeit $1,000 a month of his pay for 10 months.
Judge Walton later vacated the judgment after learning that the military judge in the court-martial failed to tell the defense team that he had applied for a position as a federal immigration judge while overseeing Bergdahl’s case.
The district court ruling said the omission created a conflict of interest in the case. Judge Walton said the military judge might have felt pressure to rule against Bergdahl because of then-candidate Trump’s public criticism and demands for a severe punishment.
Contact the author
Please read our comment policy before commenting.